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Federal Register / Vol. 86, No. 107 / Monday, June 7, 2021 / Rules and Regulations
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As a result of this action, the Eastern Kern ozone nonattainment area must attain the 2008 ozone NAAQS as expeditiously as practicable, but no later than fifteen years from the effective date of designation as nonattainment, i.e., no later than July 20, 2027.
The EPA has determined this action falls under the good cause exemption in section 553b3B of the Administrative Procedure Act which, upon finding good cause, authorizes agencies to dispense with public participation where public notice and comment procedures are impracticable, unnecessary or contrary to the public interest. The EPA has determined that public notice and comment for todays action is unnecessary because our action to approve voluntary reclassification requests under CAA section 181b3 is nondiscretionary both in its issuance and in its content. As such, notice and comment rulemaking procedures would serve no useful purpose.
II. Statutory and Executive Order Reviews Under Executive Orders 12866 58 FR
51735, October 4, 1993 and 13563 76
FR 3821, January 21, 2011, this final action is not a significant regulatory action and therefore is not subject to Executive Order 12866. With respect to lands under state jurisdiction, voluntary reclassifications under CAA section 181b3 of the CAA are based solely upon requests by the state, and the EPA
is required under the CAA to grant them. These actions do not, in and of themselves, impose any new requirements on any sectors of the economy. In addition, because the statutory requirements are clearly defined with respect to the differently classified areas, and because those requirements are automatically triggered by reclassification, reclassification does not impose a materially adverse impact under Executive Order 12866. For these reasons, this final action is also not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use 66 FR 28355, May 22, 2001.
In addition, I certify that this final rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5 U.S.C. 601
et seq. and that this final rule does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995
Pub. L. 1044, because the EPA is required to grant requests by states for
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voluntary reclassifications and such reclassifications in and of themselves do not impose any federal intergovernmental mandate, and because tribes are not subject to implementation plan submittal deadlines that apply to states as a result of reclassifications.
This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes, as specified by Executive Order 13175 65
FR 67249, November 9, 2000. There are no Indian reservation lands or other areas where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction within the Eastern Kern ozone nonattainment area, and thus, this reclassification action does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175.
Executive Order 12898 59 FR 7629, February 16, 1994 establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. This reclassification action does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898.
This final action also does not have federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, nor on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 64 FR 43255, August 10, 1999. This final action does not alter the relationship or the distribution of power and responsibilities established in the CAA.
This rule also is not subject to Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks 62 FR 19885, April 23, 1997, because the EPA
interprets Executive Order 13045 as applying only to those regulatory
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actions that concern health or safety risks, such that the analysis required under section 5501 of the Executive Order has the potential to influence the regulation.
Reclassification actions do not involve technical standards and thus, the requirements of section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C.
272 note do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 44
U.S.C. 3501 et seq..
The Congressional Review Act CRA, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a major rule as defined by 5 U.S.C.
8042.
Under section 307b1 of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by August 6, 2021.
Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307b2.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, Intergovernmental relations, National parks, Ozone, Wilderness areas.
Dated: May 27, 2021.
Deborah Jordan, Acting Regional Administrator, Region IX.

For the reasons stated in the preamble, the EPA amends part 81, chapter I, title 40 of the Code of Federal Regulations as follows:

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